[Adopted 1-14-1970 as Ch. 16 of the General Ordinances, approved 1-19-1970; amended in its entirety 6-9-1982, approved 6-10-1982]
A. 
No person being the owner or having custody and control of any dog shall permit or allow such dog to run or to be at large in the streets or on the walks or public grounds of the City unless such dog shall wear a collar or a harness and be effectively restrained by a chain or leash not exceeding six feet in length. The name and address of such owner or custodian shall be legibly written, printed or stamped upon the collar or a tag attached to such collar or harness of such dog, except when on the premises of the owner or on the premises of another person with the knowledge and assent of such other person.
B. 
Proof of the running or being at large of a dog contrary to the provisions of this section shall be presumptive evidence that the person in whose name such dog is registered and/or the person who harbors such dog is the person who permitted or allowed such dog to run or be at large.
A. 
In addition to any other penalty provided by this article, the Animal Shelter Warden and his deputies and the Commissioner of Public Safety are empowered to pick up and confine or cause or direct to be seized, picked up and confined, any dog referred to in § 116-1, whether licensed or not, that shall be found at large and not on a chain or leash in the parks, park streets, walks, public grounds, public streets and public areas in the City.
B. 
Each dog so seized which is not identified, whether or not licensed, shall be held for a period of five days from the day seized, during which period the dog may be redeemed by its owner, provided that such owner produces proof that the dog has been licensed and has been identified pursuant to the provisions of Article 7 of the Agriculture and Markets Law, and further provided the owner pays the following impoundment fees in addition to any other penalties provided in this article:
(1) 
Ten dollars for the first impoundment of any dog owned by that person.
(2) 
Twenty dollars for the first 24 hours or part thereof for the second impoundment within one year of the first impoundment of any dog owned by that person.
(3) 
Thirty dollars for the first 24 hours or part thereof and $3 for each additional 24 hours or part thereof for the third and subsequent impoundments within one year of the first impoundment of any dog owned by that person.
C. 
Promptly upon seizure of any identified dog, the owner of record of such dog shall be notified personally or by certified mail, return receipt requested, of the facts of seizure and the procedure for redemption. If notification is personally given, such dog shall be held for a period of five days after the day of notice, during which period the dog may be redeemed by the owner. If such notification is made by mail, such dog shall be held for a period of seven days from the date of mailing, during which period the dog may be redeemed by the owner. In either case, the owner may redeem such dog upon payment of the impoundment fees provided herein and by producing proof that the dog has been licensed.
D. 
Notwithstanding any provision of this section to the contrary, the Dog Warden and his deputies may seek to collect impoundment fees from any owner, whether or not a dog is redeemed.
E. 
An owner shall forfeit title to any dog unredeemed at the expiration of the appropriate redemption period, and the dog shall then be made available for adoption or euthanized subject to the provisions of the Agriculture and Markets Law, provided that no such dog shall be delivered for adoption unless it has been licensed pursuant to the provisions of the Agriculture and Markets Law prior to its release from the custody of the shelter.
F. 
The Animal Shelter Warden and his deputies are hereby authorized and directed to charge the following fees:
[Added 12-11-1985, approved 12-12-1985; amended 1-8-1986, approved 1-9-1986; 11-23-1993, approved 11-24-1993]
Service
Fee
Dog adoption
$30
Cat adoption
$15
Immunization
$10
Euthanasia
$20
Pickup at home or business
$25
Volunteer surrender at shelter
$20
A. 
No person having the right and ability to prevent such act shall knowingly or carelessly or negligently permit any dog to commit any nuisance upon any sidewalk of any public street, including that part of the highway between the sidewalk and the curbline, avenue, park, public square or place in the City; or upon the floor of any hall of any tenement house which is used in common by the tenants thereof; or upon the fences of any premises or the walls or stairways of any building abutting on a public street, avenue, park, public square or place; or upon the floor of any theater, store, factory or any building which is used in common by the public, including all public rooms or places therewith connected; or upon the floor of any depot or station; or upon the station platform or stairs of any railroad or other common carrier; or upon the roof of any tenement house used in common by the tenants thereof; or upon the floor of any hall, stairway or office of any hotel or lodging house which is used in common by the guests thereof, or upon the private property of another person without the owner's consent; nor shall any such person omit to do any reasonable and proper act or take any reasonable and proper precaution to prevent any such dog from committing such nuisance in or upon any of the places or premises herein specified.
B. 
It shall be the duty of each owner or person having custody and control of any dog, except blind persons accompanied by a guide dog, to remove any feces left by such dog on any area described in Subsection A above.
A. 
Any defendant charged with a violation of this article may himself plead guilty to the charge in open court. He may also submit to the Judge, in person, by duly authorized agent, or by registered mail, a statement that he waives arraignment in open court and the aid of counsel; that he pleads guilty to the offense charged; that he elects and requests that the charge be disposed of and the fine or penalty be fixed by the court; of any explanation that he desires to make concerning the offense charged; and that he makes all statements under penalty of perjury. Thereupon, the Judge may proceed as though the defendant had been convicted upon a plea of guilty, in open court; provided, however, that any imposition of a fine or penalty hereunder shall be deemed tentative until such fine or penalty shall have been paid and discharged in full. If, upon receipt of the aforesaid statement, the Judge shall deny the same, he shall thereupon notify the defendant of this fact and that he is required to appear before the Judge at a stated time and place to answer the charge which shall thereafter be disposed of pursuant to the applicable provisions of law.
B. 
If a defendant intends to plead not guilty to the charge, then he must appear in court at the time and date indicated on the appearance ticket.
The Dog Warden, his deputies and police officers of the Mount Vernon Police Department may issue appearance tickets for violations of any provisions of this article.
[Amended 5-22-1985, approved 5-23-1985]
A. 
A violation of § 116-1 or 116-3 of this article shall be punishable by a fine of not more than $250 for each violation found to have been committed or imprisonment for not more than 15 days, or both.
[Amended 3-14-2001, approved 3-15-2001]
B. 
Any other violation of this article shall be punishable by a fine of not more than $25,; except that when the person was found to have violated this article, the former Article I or any provision of Article 7 of the Agriculture and Markets Law within the preceding five years, the fine may not be more than $50; and where the person was found to have committed two or more such violations within the preceding five years, it shall be punishable by a fine of not more than $100 or imprisonment for not more than 15 days, or both.
If any provision, section, paragraph, subdivision or clause of this article shall be adjudged invalid, such adjudication shall apply only to the provision, section, paragraph, subdivision or clause so adjudged, and the balance of this article shall remain valid and effective.